Although the former mayor says that he is acting as Donald Trump’s outside legal counsel, it’s increasingly clear that his main role is that of attack dog. His principal assignment: to bloody Mueller, and, if possible, disable him.
.. During his sitdown with Ingraham, Giuliani extended this argument, arguing that for “the same reason they can’t indict him, they can’t issue a subpoena to him.”
These statements raise an obvious question: If Mueller really has nothing on Trump, and if, in any case, he is barred from bringing an indictment or issuing a Presidential subpoena, why are the President and his attorneys so concerned about the investigation?
.. As the Republican congressman Trey Gowdy remarked to Trump’s former lead attorney, John Dowd, after he called on Mueller to wrap it up, “If you have an innocent client … act like it.”
the special counsel’s team has proceeded methodically for the past twelve months on at least five distinct but connected fronts:
- Russian trolling and voter-targeting on social-media platforms;
- the hacking and release of Democratic e-mails;
- direct contacts between members of the Trump campaign and individuals connected to the Russian government;
- Trump’s business dealings with people and entities connected to Russia; and
- possible obstruction of justice.
.. Strictly speaking, that is a separate probe. But nobody on Trump’s team doubts that if and when Cohen decides to coöperate with the prosecutors, Mueller’s investigators will be all ears.
.. as early as last fall, Mueller’s team demanded information from some of the companies that hired the Trump fixer as a consultant after the election. This suggests that the investigation is running many months ahead of the media, and also, perhaps, ahead of the White House’s knowledge of its activities.
.. we know, courtesy of a leak to the Times by Trump’s lawyers, is that Mueller wants to pose at least forty-nine questions to the President himself. Despite Trump’s constant refrain that there was no collusion with Russia, many of these questions also relate directly to what happened before the 2016 election.
.. “During the campaign, what did you know about Russian hacking, use of social media, or other acts aimed at the campaign?” and
“What knowledge did you have of any outreach by your campaign, including by Paul Manafort, to Russia about potential assistance to the campaign?”
.. if Mueller found evidence of a serious crime involving the President, and he believed it should be prosecuted in an ordinary court of law, he could go to Rosenstein, who in this case would be the acting Attorney General—and the ultimate decision would fall on Rosenstein’s shoulders.
.. Most people in Washington don’t expect Mueller to bring criminal charges against Trump. If he doesn’t, and Trump doesn’t fire him before he completes his investigation, the key issue—whether or not to impeach Trump—may well be left to Congress. And since Congress operates in the court of public opinion, this would ultimately be a political decision.
That, of course, is another reason that Trump brought in Giuliani—to stick up for him and his family in public, even if that involves defending the indefensible
.. we can rest assured that they won’t be put off by Giuliani’s bluster.
A Higher Sanctimony
Comey’s memoir shows he is more like Trump than he cares to admit.
But Mr. Trump told an interviewer that he had fired Mr. Comey because the FBI chief wouldn’t say publicly that the FBI wasn’t investigating Mr. Trump. The President also threatened Mr. Comey with a false claim about Oval Office “tapes.” Mr. Comey responded by leaking documents that caused Mr. Rosenstein to name a special counsel, which has put Mr. Trump’s Presidency in mortal peril.
.. The main lesson from Mr. Comey’s book is that Mr. Trump’s abuse of political norms has driven his enemies to violate norms themselves.
.. The most notable fact in the book is how little we learn that is new about Mr. Trump.
.. Mr. Trump is preoccupied with his critics and the validation of his presidential victory. He is clueless that his bullying and flattery would repel Mr. Comey
.. The book mainly adds Mr. Comey’s moral and aesthetic contempt for Mr. Trump.
.. Mr. Comey’s comparison of Mr. Trump to a “mafia” boss is hilariously overstated. Don’t they call it “organized” crime? And what about that code of silence known as omerta? The Trump White House can’t keep anything secret.
.. Mr. Comey reveals in his excessive self-regard that he is more like Mr. Trump than he cares to admit. Mr. Trump’s narcissism is crude and focused on his personal “winning.” Mr. Comey’s is about vindicating his own higher morality and righteous belief.
.. He accuses Mr. Rosenstein of acting “dishonorably” by writing the memo describing how Mr. Comey mishandled the Clinton probe. Yet he barely engages Mr. Rosenstein’s arguments, which quoted from former Justice officials of both parties. Mr. Rosenstein wrote that Mr. Comey was “wrong to usurp” the authority of Attorney General Loretta Lynch and wrong to “hold press conferences to release derogatory information” about Mrs. Clinton.
That mistake made Mr. Comey feel obliged to intervene again in late October—this time to announce the reopening of the probe in a way that helped Mr. Trump. Had Mr. Comey followed Justice protocol in July, he would not have had to make himself the issue in October, damaging the reputation of the FBI and Justice in the bargain.
.. This has been the habit across Mr. Comey’s career, though you’ll find no mention in his memoir of Steven Hatfill, the government scientist he wrongly pursued for years as the anthrax terrorist; or Frank Quattrone, the Wall Street financier he prosecuted twice for obstruction of justice only to be rebuked by an appeals court; or Judith Miller’s recantation of her testimony against Scooter Libby.
Mr. Comey has also had little to say so far about the controversy over the Steele dossier and his handling of the Russian investigation of Mr. Trump. Did he know that the dossier was commissioned by Democrats for the Clinton campaign? He also has nothing to say about the dismissal of his former FBI deputy, Andrew McCabe, for “lack of candor.”
Mr. Comey is getting his moment of revenge as much of the press revels in the attacks on Mr. Trump. Yet his career, reinforced by his memoir, is a case study in the perils of the righteous prosecutor. It also shows why Mr. Comey’s view of the FBI as “independent” of supervisory authority is wrong and dangerous. A presidential bully who abuses power needs to be checked, but so does an FBI director who turns righteousness into zealotry.
What If President Donald Trump Tries to Fire Robert Mueller?
Mr. Mueller was appointed not by Mr. Trump, but by Deputy Attorney General Rod Rosenstein after Attorney General Jeff Sessions recused himself from involvement in any investigation related to the 2016 presidential race. That means Mr. Trump couldn’t fire Mr. Mueller himself, but would have to order Mr. Rosenstein to do so.
Mr. Rosenstein has expressed support for Mr. Mueller, and his associates expect him to resign rather than carry out such an order. If that happens, Mr. Trump could turn to the next Justice Department official in line, acting Associate Attorney General Jesse Panuccio, and then to Solicitor General Noel Francisco.
It isn’t known if either would heed an order to fire Mr. Mueller. If they refuse, Mr. Trump would have to go down the hierarchy at the Justice Department until he found an official willing to do so. In such a situation, the president could face a number of DOJ resignations—and the political fallout that would entail.
Something like this happened on Oct. 20, 1973, when President Richard Nixon ordered Justice Department officials to fire Watergate special prosecutor Archibald Cox. Attorney General Elliot Richardson resigned, as did his deputy, William Ruckelshaus. Solicitor General Robert Bork finally did as Mr. Nixon asked. That episode became known as the Saturday Night Massacre.
.. Some legal experts have asked whether Mr. Trump might replace Mr. Sessions or Mr. Rosenstein with another official and order that person to fire Mr. Mueller.
Attorneys general and their deputies must be confirmed by the Senate. Someone who is temporarily “acting” in that position, without Senate confirmation, must come from an existing Justice Department job or a Senate-confirmed post elsewhere in the administration.
.. Mr. Trump could, in theory, install someone like Environmental Protection Agency administrator Scott Pruitt, a former Oklahoma attorney general, as acting attorney general. Then, he could order Mr. Pruitt to fire Mr. Mueller. The political blowback from such a move, however, would likely be considerable.
Would Justice Department officials appoint another special counsel to replace Mr. Mueller?
Harsh public reaction to the Saturday Night Massacre in 1973 forced Mr. Nixon to allow DOJ officials to appoint a replacement. Leon Jaworski took that job and steadily pursued the investigation until the president was forced to resign.
.. There is no reason to think the Trump administration would appoint a new special counsel if Mr. Mueller were dismissed.
.. Prominent lawmakers of both parties, including Senate Judiciary Chairman Chuck Grassley (R., Iowa), have expressed support for Mr. Mueller. Mr. Grassley’s committee holds confirmation hearings for Justice Department officials, so his views are especially important.
The Iowa senator has suggested he wouldn’t move to approve a replacement if Mr. Trump fires Mr. Sessions, and on Tuesday he told Fox Business that “it would be suicide for the president to want to talk about firing Mueller.”
.. In addition, even if Mr. Trump fires Mr. Mueller, he can’t fire the grand jury the special counsel is working with or the judge overseeing it. A judge could appoint another prosecutor to continue working with the grand jury.
Trump attacks Mueller ‘witch hunt’ as WH source calls investigation ‘out of control’
President Trump reacted angrily Monday to news that federal agents had raided the office and home of his personal attorney, Michael Cohen — calling the action “disgraceful” and describing special counsel Robert Mueller’s investigation as “an attack on our country.”
.. “It’s a disgraceful situation. It’s a total witch hunt,” said Trump, who claimed that he had “given over a million pages in documents to the special counsel. They continue to just go forward … and I have this witch hunt constantly going on for over 12 months now. Actually it’s much more than that. You could say right after I won the [2016 Republican] nomination it started.”
Trump also accused Mueller’s investigators of being “the most biased group of people [with] the biggest conflicts of interest” and said Attorney General Jeff Sessions “made a terrible mistake for the country” when he recused himself from overseeing the Russia investigation last year.
A source close to the White House told Fox News’ John Roberts that the raid showed that the Mueller investigation “is out of control” and was a “demonstration of bad faith” on the part of the special counsel.
.. Cohen’s attorney, Stephen Ryan, said Monday’s raid was conducted by the U.S. Attorney’s office in Manhattan and was based at least partly on a referral from Mueller.
.. A source close to the Trump legal team told Fox News’ Catherine Herridge that the raid on Cohen was “aggressive” and designed to “squeeze the president.” The source, who has knowledge of talks between Mueller and the president’s legal team, added that the raid “puts a fork in” the prospect of Trump agreeing to be interviewed by the special counsel.
.. Under Justice Department regulations, Mueller is required to consult with Deputy Attorney General Rod Rosenstein when his investigators uncover new evidence that may fall outside his original mandate. Rosenstein then would determine whether to allow Mueller to proceed or to assign the matter to another U.S. attorney or another part of the Justice Department.
.. “Why don’t I just fire Mueller?” asked Trump, repeating a reporter’s question to him Monday night. “Well, I think it’s a disgrace what’s going on. We’ll see what happens, but I think it’s really a sad situation when you look at what happened.
“And many people have said, ‘You should fire him.'” Trump added. “… So we’ll see what happens … this is a pure and simple witch hunt.”